MARC JACOBS PERFECT PARTY LINE SUBMISSION TERMS AND CONDITIONS
To participate in the Perfect Party Line, a public confessional, you will call into the Perfect Party Line and leave a message, which message may include your name, social media handle, voice, statements, story, biographical information, and/or “confessional” (collectively, “User Content”). By leaving a message, you grant Coty Inc. (“Company”), Marc Jacobs International LLC, and its and their affiliates, subsidiaries, and authorized third party partners (collectively with Company, the “Licensees” or “us”) the right to record and use your User Content in the ways set out in these Submission Terms and Conditions (“Submission Terms and Conditions” or “Agreement”).
TO PARTICIPATE YOU MUST BE A US OR UK RESIDENT AGED 18 OR OVER.
By granting us permission to use your User Content, you represent that you have read, agree to, and understand these entire Submission Terms and Conditions and agree to be bound by the terms set forth herein, without modification, including all disclaimers, terms and conditions.
IF YOU DO NOT WISH TO CONSENT TO THESE SUBMISSION TERMS AND CONDITIONS IN THEIR ENTIRETY AND DO NOT WISH FOR YOUR USER CONTENT TO BE MADE PUBLIC, DO NOT LEAVE A MESSAGE ON THE PERFECT PARTY LINE.
By leaving a message on the Perfect Party Line, you grant to Licensees the irrevocable, perpetual, worldwide, royalty-free license, right and permission to record and otherwise retain and to use (including without limitation the right to reproduce, display, perform, adapt, modify, alter, create derivative works from and distribute) your User Content, including but not limited to for advertising, marketing, publicity and promotional purposes, in any and all media now known or hereafter invented, including, but not limited to, on Licensees' websites and social media channels, including without limitation Twitter, TikTok, Snap, Facebook, Instagram, and other online channels, print media, digital and other online media, direct mail marketing, and for other marketing and advertising purposes of any kind whatsoever. You hereby agree to waive all and agree not to assert any moral rights (or similar or equivalent rights wherever in the world arising) in the User Content.
Without limiting the above, you hereby grant Licensees the right to edit, arrange, rearrange, adapt, paraphrase and combine your User Content with any other materials in its sole discretion.
CONTENT: You are solely responsible for your User Content, and hereby agree that you will not hold us responsible or liable for User Content you grant us permission to record and use. By granting us permission to record and use the User Content, you represent and warrant that: a) the User Content you submit is original and was created solely by you; b) the User Content does not incorporate any material that is owned by anyone other than you (including, for example and without limitation, any names, third party voices, music, locations, trademarks, trade secrets or confidential information owned by anyone other than you); c) neither the User Content, nor the use of the User Content by Licensees in accordance with these Submission Terms and Conditions will infringe upon or violate the rights of any third party or entity, including, without limitation, privacy rights, publicity rights, and/or intellectual property rights (such as with music, background sounds, or sound-effects); and d) your User Content complies with the Content Guidelines set out below.
You further represent and warrant that you are at least eighteen (18) years of age and have the right to enter into this Agreement.
Content Guidelines:
- User Content must not contain any references to or voices of or stories about other persons that you have shared without that person’s written consent;
- User Content must not be defamatory, discriminatory, abusive, obscene, profane or offensive;
- User Content must not in any way disparage, denigrate or criticize anyone (including Licensees or any other person or entity);
- User Content that references products or services of Licensees should only contain true and accurate information and representations regarding Licensees’ products and services, and you shall not be compensated for any such User Content;
- User Content should comply with any third party platform terms and conditions, terms of use, or any other rules, which are hereby incorporated herein;
- User Content must not be threatening, harassing or promote racism, bigotry, hatred or physical harm of any kind against any group or individual or promote or encourage violence or illegal activities;
- User Content must not be inaccurate, false or misleading in any way; and
- User Content must not contain material that is unlawful, in violation of, or contrary to the laws, rules or regulations in the United States or the United Kingdom.
COMPANY IS UNDER NO OBLIGATION TO SCREEN OR MONITOR USER CONTENT BUT MAY REVIEW ALL USER CONTENT AND POST OR REMOVE SUCH USER CONTENT FROM ANY SOCIAL MEDIA SITE OWNED, ADMINISTERED, AND/OR MONITORED BY COMPANY AT ITS SOLE DISCRETION, AT ANY TIME, FOR ANY OR NO REASON, WITH OR WITHOUT PRIOR NOTICE, AND WITHOUT LIABILITY.
Company will make all determinations as to what User Content is appropriate in its sole discretion.
PRIVACY NOTICE: Licensees reserve the right to use the User Content in the ways described in this Agreement and in the Privacy Notice. Please see Company’s Privacy Notice at https://privacy.coty.com/en_gb for further details. Please note that your data will be processed within and outside the UK and EU.
RELEASE: To the fullest extent permitted by law, you hereby release, acquit and forever discharge, Licensees, and their respective advertising or promotional agencies, and any promotional sponsors or vendors involved with the Perfect Party Line or Licensees’ websites, telephone hotline(s) and social media channels (collectively, “Released Parties”) from and against any and all claims, liabilities, demands, losses, damages (including special, general, incidental, consequential, punitive, or other damages), rights, judgments, actions, suits, causes of action, expenses (including attorneys’ fees), costs, and interest of any kind, nature, and character whatsoever arising out of or related to, in whole or in part, directly or indirectly, your submission of User Content in accordance with the terms of this Agreement, including without limitation any claims in the nature of unauthorized recording, unsolicited telemarketing, text messaging, e-mail marketing, or the like. In no event will the Released Parties be responsible or liable for any damages or losses of any kind, including without limitation, direct, special, indirect, incidental, consequential, or punitive damages, arising out of or related to, in whole or in part, directly or indirectly, your use or interaction with the Perfect Party Line or Licensees’ or their vendors’ telephone hotline, websites or social media channels or any related activity. Notwithstanding any other provision in these Submission Terms and Conditions, in relation to entrants from the UK, nothing in these Submission Terms and Conditions shall in any way limit or exclude liability for death or personal injury caused by negligence, fraud, or any other type of liability that cannot be lawfully limited or excluded.
The Perfect Party Line is in no way sponsored, endorsed or administered by, or associated with, any social media platform or channels including without limitation Facebook, Instagram, TikTok, Snap or Twitter. You understand that the information you provide is provided to Licensees and not to such platforms.
INDEMNIFICATION: Upon Company’s request, you agree to defend, indemnify, and hold harmless the Released Parties, and their respective employees, contractors, officers, directors, and agents from all liabilities, claims and expenses, including attorney's fees that arise from: a) your breach of any provision of this Agreement; b) Company’s use of User Content submitted by you; and/or c) your violation of any intellectual property right of another party. Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
NON-SOLICITATION: Company does not accept any unsolicited ideas from outside the Company including without limitation suggestions about advertising, promotion or merchandising of our products, additions to our product lines, services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas.
MISCELLANEOUS: This Agreement constitutes the entire agreement between Company and you. If any provision of this Agreement is invalid or unenforceable for any reason in any jurisdiction, such provision shall be construed to have been adjusted to the minimum extent necessary to cure such invalidity or unenforceability. No waiver by Company under this Agreement shall be valid or binding unless set forth in writing and duly executed by Company. Any such waiver shall constitute a waiver only with respect to the specific matter described therein and shall in no way impair the rights of Company in any other respect or at any other time. Any delay or forbearance by Company in exercising any right hereunder shall not be deemed a waiver of that right. The Parties to this Agreement are independent contractors and nothing herein creates any joint venture, partnership, agency, employment, fiduciary or other relationship between the parties, and neither party is authorized to make contracts or commitments in the name of or on behalf of the other without the other party's prior written approval.
In relation to US residents, this Agreement shall be construed and enforced in accordance with the laws of New York, without regard to any choice of law rules. Any dispute arising out of this Agreement shall be adjudicated exclusively in the state or federal courts located in New York County, New York, and Company and you both consent to personal jurisdiction and venue therein.
In relation to UK residents, this Agreement shall be construed and enforced in accordance with English law, and will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
COMPANY RESERVES THE RIGHT TO UPDATE OR MODIFY THESE SUBMISSION TERMS & CONDITIONS WITHOUT PRIOR NOTICE.
